The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,387-01
EX PARTE MONIQUE VALLES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CRW2104083A IN THE 81ST DISTRICT COURT
FROM WILSON COUNTY
Per curiam. SLAUGHTER , J. filed a concurring opinion.
OPINION
Applicant was convicted of evading arrest and sentenced to five years’ imprisonment. She
filed this application for a writ of habeas corpus in the county of conviction, and the district clerk
forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that she was denied her right to an appeal because counsel failed to
timely file a notice of appeal. Based on the record, counsel failed to timely file a notice of appeal.
Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State,
98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-of-time appeal of her conviction
in cause number CRW2104083 from the 81st District Court of Wilson County. Within ten days from
the date of this Court’s mandate, the trial court shall determine whether Applicant is indigent. If
2
Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel
to represent her on direct appeal. Should Applicant decide to appeal, she must file a written notice
of appeal in the trial court within thirty days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: May 31, 2023
Do not publish